Legal Opinion

Haggarty v. Strong

South Dakota Supreme Court

Decided April 5, 1898PublishedCited by 12 opinions

Appeal from circuit court, Roberts county. Hon. J. O. Andrews, Judge. Action by an infant, by his guardian ad litem, for personal injuries. Judgment for plaintiff. Defendants appeal. The facts are stated in the opinion. The motion, to amend was beyond the power of the court to allow, for it permitted an entire change of parties defendant. 1 Encyc. PI. & Pr. 546; Bassett v. Pish, 75 N. Y. 303; Shaw v. Cock, 78 Id. 194; N. Y. etc. Ass’n v. Remington Agr.

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Appeal from circuit court, Roberts county. Hon. J. O. Andrews, Judge. Action by an infant, by his guardian ad litem, for personal injuries. Judgment for plaintiff. Defendants appeal. The facts are stated in the opinion. The motion, to amend was beyond the power of the court to allow, for it permitted an entire change of parties defendant. 1 Encyc. PI. & Pr. 546; Bassett v. Pish, 75 N. Y. 303; Shaw v. Cock, 78 Id. 194; N. Y. etc. Ass’n v. Remington Agr. Wks„ 89 Id. 2; Erskine v. Mcllrath (Minn.) 62 N. W. 1130; Sawyer et al. v. Clothing Co., 58 Vt. 588; Little v. Water Power Co., 9 Nev. 317; Ex…

1Opinion of the CourtCorson, P. J.

This is an appeal by the defendants from a judgment entered against them. No motion for a new trial was made, and hence the only errors assigned and to be considered are those presenting questions of law. The action was originally commenced against Strong & Miller as a corporation, but on motion of plaintiff the summons and complaint were amended, by striking out the words ‘ ‘Strong & Miller, a corporation, duly organized and existing under the laws of the state of Minnesota, defendant,’’ and inserting in place thereof the words ‘ ‘Sylvester Strong & Henry Miller, co-partners in business…

2Cases cited4 opinions

  1. New York State Monitor Milk Pan Ass'n v. Remington Agricultural WorksNew York Court of Appeals · 1882
  2. Bowman v. EppingerNorth Dakota Supreme Court · 1890
  3. Illstad v. AndersonNorth Dakota Supreme Court · 1891
  4. Little v. Virginia & Gold Hill Water Co.Nevada Supreme Court · 1874

3Cited by12 opinions

  1. Goldstein v. Peter Fox Sons Co.North Dakota Supreme Court · 1912
  2. Brace v. Van EpsSouth Dakota Supreme Court · 1899
  3. Seim v. KrauseSouth Dakota Supreme Court · 1900
  4. Hart v. Village of WyndmereNorth Dakota Supreme Court · 1911
  5. Mettel v. GalesSouth Dakota Supreme Court · 1900

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